State responsibility in private civil action—sovereign immunity—immunity for jus cogens violations— belligerent occupation—peace treaties

Abstract

Prefecture of Voiotia v. Federal Republic of Germany. Case No. 137/1997.Court of First Instance of Leivadia, Greece, October 30, 1997.On November 27, 1995, the Prefecture of Voiotia (soudiern Greece) and other claimants, in their individual capacity, brought a claim of indemnity before the Court of First Instance of Leivadia against the German state. The plaintiffs based their claims on atrocities (willful murder and destruction of private property) committed by German occupation forces against the persons and property of die village of Distomo in Voiotia on June 10, 1944. They sought compensation for the material and mental damage suffered as a result of those atrocities, which were specifically described in their briefs. The Greek Foreign Office forwarded the complaint to the German Foreign Office, which rejected and returned it to the Greek Embassy on the grounds that the suit impaired the sovereign rights of the German state. Germany was not represented at trial. The court awarded damages to the individual claimants of 9,448,105,000 drachmas (approximately $30 million).